What can I expect after being arrested for a DUI in California?
Asked in Santa Ana, CA on May 4, 2018 Last answered on April 25, 20262 answers
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Virtual Appointments If you are arrested for DUI in California, you can expect to have to defend against both the DMV’s attempt to suspend your driver’s license and against criminal charges brought by prosecutors. The consequences for a conviction on these charges depend on several factors, such as whether you have a prior DUI offense or offenses on your record.
With help from an effective defense attorney, however, it is possible to minimize or even avoid many DUI penalties. Speaking with an attorney as soon as possible after arrest is important so that your attorney can assert your rights.
Release From Jail
Most people are released from jail within a few hours after a DUI arrest. Posting bail is often not required, particularly for a first-time offense with no injuries.
But release from jail shouldn’t lull you into a false sense of security. It is critically important to get a skilled DUI defense attorney on your side, to provide guidance in what’s ahead.
Protecting Your Driver’s License
A DUI arrest for alcohol automatically triggers a process within the Department of Motor Vehicles (DMV) that can result in a suspension of your driver’s license. The process is called the Administrative Per Se Hearing.
To get a hearing to challenge the suspension, it is necessary to contact the DMV within 10 days to request one. If you don’t, your license will be suspended 30 days from the date of your arrest.
If you request the hearing in a timely manner, you will be able to drive while awaiting the hearing, based on a stay of the automatic suspension. This could last from several weeks up to a few months.
At the DMV hearing, your chances of winning are extremely low if you proceed on your own. But your attorney can present evidence that the action to suspend is not justified, such as because of an unlawful arrest or that your blood alcohol was below .08% when stopped. If so, the automatic suspension can be set aside.
The suspension period depends on several factors. It can range from four months for a first offense for a noncommercial driver who is 21 or older who took a chemical test all the way up to a lifetime suspension for a commercial driver with a second offense within 10 years of a first.
Getting A Restricted License
Even if your license gets suspended, it is typically possible to get a restricted license after a first offense DUI. This means you could drive legally to and from work and to and from a treatment program.
To be eligible, you must be 21 or older; have agreed to take a chemical test; not have caused injuries; enrolled in a first offender alcohol program (“AB541”); provided the DMV with proof of insurance (“SR22”); and pay reissuance fees to the DMV (typically $125).
Even after a second offense DUI within 10 years of a first, it may be possible to get a restricted license after 90 days, if you also agree to install an ignition interlock device (IID) on your vehicle and enroll in a multiple offender alcohol program.
Consequences For First-Time DUI
Criminal charges are separate from the DMV process aimed at suspending your driver’s license.
For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.
There is no required jail time for a first offense when placed on probation. But it is possible to be sentenced to jail if certain aggravating factors are present, such as the presence of a minor child in the car or going 25 miles an hour or more over the speed limit on a roadway or 30 miles per hour on a freeway.
While negotiable, a first-time DUI sentence may also include required participation in a victim impact panel, community labor or community service work.
Certain counties in California (Los Angeles, Alameda, Sacramento and Tulare) require an ignition interlock device to be placed on your car upon a first-time conviction for four months. This can end up costing another $500.
Repeat DUIs Carry More Serious Penalties
For a second offense DUI, the penalties are of course greater.
Jail time is a minimum of 96 hours and in many counties prosecutors try for more. The maximum is one year.
License suspension is two years. If you refused or failed to complete a chemical test, or you were still on DUI probation at the time of the time of the second offense, the suspension will not be restrictable for the first year.
Making Sense Of Your Specific Situation
Case-specific factors always affect what you can expect after a DUI arrest. If it is a misdemeanor offense, you can have your attorney handle your court appearance so you don’t miss work. If you have a prior offense or there are injuries, the stakes get much higher. No matter what the circumstances, however, you can expect better results with a skilled defense attorney to protect you.
Free Consultation If you are arrested for a DUI in California, the process typically unfolds in several stages—from the initial traffic stop through court proceedings—and understanding each step can help you know what to expect.
It usually begins with a traffic stop, where a law enforcement officer must have a lawful basis to pull you over. This could include an observed traffic violation (such as speeding, weaving, or running a red light) or reasonable suspicion that you are driving under the influence. Once stopped, the officer will begin a DUI investigation, which often includes observing your driving pattern, your appearance (red eyes, slurred speech), and your behavior.
The officer may ask you to perform Field Sobriety Tests (FSTs), which are designed to assess coordination, balance, and divided attention. These are commonly referred to as Standardized Field Sobriety Tests (SFSTs) and typically include:
- The Horizontal Gaze Nystagmus (HGN) test (tracking eye movement)
- The Walk-and-Turn test
- The One-Leg Stand test
These tests are meant to help the officer form an opinion about impairment, but they are subjective and can be influenced by factors like fatigue, medical conditions, or anxiety.
You may also be asked to take a Preliminary Alcohol Screening (PAS) test, which is a roadside breath test. For most drivers (not on DUI probation), this test is optional, but refusing it can still raise suspicion. Based on the totality of observations—including driving behavior, FST performance, statements, and PAS results—the officer will determine whether there is probable cause to arrest you for DUI.
If arrested, you will be taken into custody and required to take a chemical test (breath or blood) under California’s implied consent law. Refusing this test can lead to additional penalties, including a longer license suspension. The chemical test is used to determine your Blood Alcohol Concentration (BAC), and a BAC of 0.08% or higher creates a presumption of impairment for most drivers, though you can still be charged with DUI even below that level if impairment is shown.
After arrest, there are two parallel processes: the criminal case and the DMV administrative process. You typically have 10 days from the date of arrest to request a DMV hearing to challenge your license suspension. If you do not request this hearing, your license may be automatically suspended. The criminal case will proceed through arraignment, pretrial hearings, and potentially trial or resolution through negotiation.
There are also potential defenses in DUI cases, depending on the facts. These may include challenging the legality of the stop (no reasonable suspicion), disputing the reliability or administration of FSTs, questioning whether probable cause existed for the arrest, and attacking the accuracy of chemical test results. BAC defenses may involve issues such as improper calibration of breath machines, contamination or fermentation in blood samples, rising blood alcohol levels (where BAC increases after driving), or errors in handling and testing.
Penalties for a DUI can vary depending on whether it is a first or subsequent offense but may include fines, probation, DUI education programs, license suspension, and possible jail time, with increased consequences for aggravating factors like high BAC, accidents, or prior convictions.
This information is provided for educational and informational purposes only, is not legal advice, and does not create an attorney-client relationship. If you are facing a DUI charge, it is always best to consult with a licensed California DUI defense attorney to evaluate the specific facts of your case and protect your rights.
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